Section 122
Trial of offences punishable with death and certain other offences
of Syariah Courts Criminal Procedure Code
(1)
Notwithstandii~g any provisioil in any other written law, in all cases where the accused is charged with an offence of qatlul-amd, hirabah.
zina, zina-bil-jabar: liwat or irtidad punishable with death and in other cases as the Chief Syar'ie Judge may prescribe, the accused shall be tried by the
Syariah High Court consisting of -
(a)
two Syariah High Court Judges; and
(b)
one Muslim Judge of the Supreme Court.
and shall be presided by one of the Syariah High Court Judges as the Chief
Syar'ie Judge may determine.
(2)
The decision of the Syariah Court as to the guilt of the accused in respect of the charge referred to in subsection (1) shall be arrived at unanimously and where the decision is that the accused is guilty. judgment shall be entered accordingly and the Syariah Court shall proceed to pass sentence on the convicted person according to law.
(3)
When a unanimous decision as to the guilt of the accused fails to be reached, he shall not be convicted of that offence but may, if a majority of the Judges agree, be convicted of another offence of which he could have been charged based on the same facts:
Provided that if the failure to reach a unanimous decision as to the guilt of the accused rests on the ground that at least one of the three Judges has made a special finding under section 310, the accused shall be dealt with in accordance with section 3 1 1.
(4)
The decision of the Syariah Court on all questions relating to the procedures and the admission or rejection of evidence in the course of a trial under this section shall be arrived at unanimously.
Syariah Courts
Cri~ninal Procedure Code
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